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Brevier Legislative Reports, Volume IV, 1861, 378 pp.
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IN SENATE.

FRIDAY, February 22,1861.

On motion by Mr. CONNER, the reading of yesterday's journal was dispensed with Messrs. Williams and Slack objecting in & few words.

Mr. ANTHONY presented a memorial from contractors with the Jefifersonville Penitentiary, praying for relief; which was referred to the Committee on the State Prison.

RELIEF OF TRUST FUND BORROWERS.

Mr. HAMILTON, from the Committee on Finance, returned Senator Newcomb's bill 114, referred yesterday, recommending indefinite postponement.

Mr. NEWCOMB explained the provisions of his bill proposing to give borrowers of amounts of $500 and upwards five years to make repayment and seriously objected to concurrence in the Committee's report.

Mr. WAGNER regarded the bill as oppressive, and sustained the action of the Committee.

Mr. TARKINGTON was opposed to the provisions of the bill as it now is, moved a re-commitment thereo f with a view to its amendment, so that County Auditors may have power to renew loans at any time they think the safety of the fund requires it, &c.

Mr. STUDABAKER was in favor of the main idea of the bill, but opposed to it so far as it relates to the loans in the different counties. Instead of this bill being for the oppression of borrowers, it is a bill, as the title indicates, for their relief.

Mr. RAY. The Judiciary Committee examined this bill at two or three sessions. To say it is oppressive, is simply erroneous. It ex tends liberal terms to borrowers; has beneficial provisions, even where it applies to counties.

Mr. NEWCOMB submitted additional instructions to strike out all that part of the bill which refers to any fund but the sinking fund.

The motion to recommit was agreed to.

INTEREST ON MONEY.

Mr. STEELE, from the Committee on Finance, returned Senator March's bill 190-see page 233 of these Reports-recommending that it lie on the table.

Mr. MARCH. The interest law, in meaning and spirit, is now being violated by all bankers and brokers. This bill is intended to stop these proceedings. He trusted this Committee report would not be concurred in.

Mr. LANDERS also opposed concurrence.

Mr. STEELE radically disagreed with the author of this bill. It proposed nothing in addition to the present law. If the banks violate law they ought to be prosecuted. He sustained his report, and hoped the Senate would adopt it.

Mr. TARKINGTON opposed postponing the bill, for some law ought to be on the statute book governing exchange; yet this bill was not sufficiently explicit. Exchange should be no more than the price between the points where the bill is made and where it is payable; and this proposition should be so amended.

Mr. MARCH was willing to so perfect the bill.

[Mr. SHOULDERS moved to suspend the rules to enable him to introduce the following:

WHEREAS, A previous call has been made for the citizens of Indiana, without distinction of party, to meet in mass meeting at the town of Indianapolis, on this day, the 22d inst., for the purpose of consulting together upon the distracted condition of the Union; therefore,

Be it Resolved, That this Senate do now adjourn till to-morrow at 9 o'clock, a. m.

The motion was rejected by yeas 20, nays 21.]

[Messages from the House announced the passage of a joint Resolution H. R. 22, and concurrence in the Senate resolution authorizing a joint committee on the liquidation of the State debt-see page 234 of their Reports ]

Mr. CLAYPOOL favored the adoption of the committee's report, and spoke in opposition to the principles of the bill. The present law on usury gives ample remedy for all complaints-

On motion by Mr. MARCH, the further consideration of this bill was postponed till tomorrow morning, 10 o'clock-because of the slim attendance of Senators.

REPORTS FROM COMMITTEES

Were made and concurred in as follows:

  • By Mr. MELLETT: Finance-returning Senator Slack's bill [182], abolishing the office of State Agent, recommending that it be indefinitely postponed.
  • By Mr. SHOULDEES: Finance-Mr. Teegarden's resolution [see page 233 of these Reports], to index local laws lie on the table.
  • By Mr. WAGNER: Finance-Senator Miller's 197-see page 237 of these Reports-lie on the table.
  • Mr. CONNER : Judiciary-returned a resolution, inquiring what further legislation is required in regard to proceedings supplementary to execution, with an adverse report thereon.
  • By Mr. CONNER: Organization of Courts-Senator Odell's [89], establishing probate courts-lie on the table.
  • By Mr. CONNER: Corporations-Senator Blair's 141 see page 184 of these Reports-lie on the table. Also: Senator Berry's 165-passage.
  • By Mr. MELLETT: Claims-Senator Bears's 67-see page 89 of these Reports-passage. Also, a petition in favor of A. H. Miller, asking compensation for catching a fugitive from justice ought not to be paid out of the State treasury-lie on the table.
  • By Mr. STEELE: Banks-Senator Conner's [143] creating additional bank districts-passage.

On motion by Mr. MARCH, this report was laid on the table.

  • By Mr. BEESON : Agriculture-Senator Carnahan's 195-see page 237-passage.
  • By Mr. TEEGARDEN: Benevolent Institutions-as follows:

    MR. PRESIDENT-The Committee on the Benevolent Institutions of the State, in the discharge of a portion of the duties assigned them, have visited and examined into the condition and wants of the various Benevolent Institutions.

    Your committee is fully prepared to say that the law passed at the last session of the Legislature, under which the Institutions have since been managed, meets with their approval, and they would earnestly impress upon the General Assembly, if any change be made, the necessity of placing the control of those Institutions in the hands of men of the most unexceptionable characters and acquirements appropriate to their respective positions.

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    At the Institute for the Education of the Blind there are sixy pupils, most of them young, and susceptible of mental and moral improvement, as the institution is now not only regarded as an asylum, but as an institution for the educational purposes, whereby the pupil, although deprived of natural vision, may have opened up faculties which are susceptible of a high state of culture, which will enable the pupils to be useful, and have the acquirements to make a living when they leave the institution.

    The work department of this institution is not very extensive, as there is but a small proportion of the pupils of sufficient age or constitution to perform much labor. Brooms are the only article now manufactured in the shop.

    In the Institution for the Education of the Deaf and Dumb, there are one hundred and seventy-three pupils.

    In the school department is demonstrated fully the practicability as well as the utility of the system of instruction given to this unfortunate class of our citizens.

    In the work department there is an evidence of mechanical skill that will enable the pupils to be useful, and imbibe habits of industry and a knowledge of some useful trade by which they can make a living after they leave the institution.

    Your committee, on a careful examination of the building, is fully convinced of the inadequate and defective apparatus in use for warming it, and the almost entire want of any adequate and proper means of washing, drying and ironing the clothes of the children.

    In view of protecting the pupils and preventing the building in its present hazardous condition from being destroyed by fire, your committee would recommend that the Legislature make an appropriation to carry out the plans and estimates referred to in the report of the Board of Trustees and Superintendent and herewith submitted by the committee.

    At the Hospital for the treatment of the Insane, there are now two hundred and ninety-seven patients; every ward in the Hospital is full, and many of them very much crowded beyond their capacity for taking care of the patients, and treating them as successfully as they could otherwise be treated; and, consequently, many meritorious patients obliged to be refused admission and treatment in the Hospital, while other patients not cured are frequently obliged to be removed to give room for new patients.

    In view of the foregoing conclusion, and in consideration of the large numbers of insane persons in the State, who are not provided for, your committee feel it to be their duty to urge upon the present Legislature that some provisions may be made, either by enlarging the present Hospital, or by building a separate institution for a home for the incurable insane of Indiana.

    There are many suggestions connected with the Hospital which are now under consideration, and will appear in our next report, in relation to the farm, Artesian well, laundry establishment, repairs, &c.

  • By Mr. SHOEMAKER: County and Township Business returning a resolution of inquiry concerning transferring the powers of changing, vacating, or locating of public highways from the county board to township trustees lie on the table.
  • By Mr. DeHART: Printing-Senator Turner's resolution concerning the printing of the laws in a paper in each county-inexpedient.
  • By Mr. MILLER : Judiciary-Senator Lander's 204-referred to the Committee on Finance.

And then came the recess till 2 o'clock.

AFTERNOON SESSION.

The following bills were introduced, and severally passed the first reading:

By Mr. TURNER: [220] To provide for the prosecution of the necessary judicial proceedings to procure the removal of the feeder dam across the Calumet river in Illinois, and pay the expenses of said proceedings.

By Mr. CRAVENS : [221] To repeal an act prescribing the time of holding, and the length of the terms of courts in the third judicial circuit, approved March 3, 1859, and to revive and declare in force the act or parts of acts thereby repealed.

By Mr. ANTHONY: [222] To provide for the government and discipline of the State prison, and to repeal the act for the government and discipline of the State prison approved February 15, 1857, together with so much of the act which provides for a new prison north of the National road, approved March 5, 1859, as may come in conflict with this act; as well as any other act or parts of acts conflicting herewith.

By Mr. MARCH: [223] To amend sec. 202 of the act concerning the partition of lands, approved May 20, 1852; and to provide for appeals, and fixing the time thereof.

By Mr. WAGNER: [224] To provide for the investment of the Sinking Fund in Indiana five per cent, and two and a half per cent. State stocks.

By Mr. TARKINGTON [225] To amend sec. 33 of an act providing for the government of the State University, &c., approved June 17, 1852 ; and providing for the prompt collection, of the interest on loans of said funds, and the duties of officers therein mentioned.

By Mr. MARCH: [226] To amend sections 20, 22, 23, and 24 of the Practice act, approved June 17, 1852 ; and to authorize district attorneys to administer oaths in certain cases.

By Mr. TARKINGTON: [227] To regulate contingent, fees and perpetual scholarships in the State University, and providing for the purchase of the same.

By Mr. MARCH : [228] To amend sec. 3 of an act prescribing the powers and duties of justices of the peace in State prosecutions, approved May 29, 1852.

By Mr. BLAIR: [229] To abolish complete records in certain cases in the Supreme Court of this State.

By Mr. WAGNER : [280] To enable railroad companies incorporated under the general railroad law of May 11, 1852, that have gone on to construct their roads, but failed to complete the same within the time specified in said law to enjoy the privileges of their charter, and to complete or abandon the remainder, and to enable railroad companies to extend their lines of railroad , and also to extend the time to complete railroads.

By Mr. NEWCOMB: [231] To amend section 68 of an act entitled "an act to repeal all laws now in force for the incorporation of cities," &c., approved March 9, 1857 ; and to provide for a penalty upon city taxes remaining delinquent after the third Monday of March, A.D. 1859, approved March 1, 1859.

By Mr. CLAYPOOL: [232] Supplementary to an act defining felonies, approved June 10, 1852; defining certain offences therein, and prescribing penalties therefor.

Mr. CRAVEN, from the Judiciary Committee, returned his bill 64see page 88 of these Reports, with amendments recommending thai it lie on the table for the present: which was concurred in.

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Resolutions of the House, numbered 22, 31, and 32 were laid on the table without reading.

House bills numbered 8, 3, 44,103, 107, 167, 199, were severally passed the first reading.

Mr. BEESON made an ineffectual motion to adjourn-yeas 3, nays 16.

Leave of absence was obtained for Mr. Robinson till Tuesday.

And then the Senate adjourned.

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